| A landmark ruling in Germany has seen a shift in the | | | | However, now other gifts may be called into question. |
| way property and gifts are divided during a divorce. A | | | | If parents want to avoid having to take this kind of |
| judge in Berlin has ordered a man to pay back a gift | | | | action should their child separate form their partner, |
| of EUR29,000 (£25,000) which was given to the | | | | then they will have to make it clear that the present is |
| couple to help them buy a house. Seeing as they had | | | | intended for their child only. |
| given the deposit for a family home and there was no | | | | Lawyers have linked this case with the rise in |
| longer a family, the in-laws argued that they should get | | | | pre-nuptial agreements where parental anxiety leads |
| the money back. It should be stated that the man was | | | | to an agreement over gifts given to their married |
| still living in the home and the ex-wife had moved out. | | | | children. This has mainly been sparked out of the fact |
| This case is set to influence other such cases around | | | | that many parents now have to help their adult children |
| the world as a precedent for gifts which are given to | | | | buy a house. Parents are anxious that the money or |
| a couple by the parent's of one spouse. | | | | items which they have gifted to the couple will pass |
| The judge stated that the 'contractual basis' of gifts | | | | out of their child's hands should a separation occur, and |
| like this depended on whether it had been given so | | | | therefore they stipulate that the gift or money must |
| that the in-laws' child could enjoy it as well as their | | | | return to their child or themselves on the break-up of a |
| spouse. In the case of a mortgage deposit this is | | | | marriage. |
| obvious as both parties will be living in the house. | | | | |